Why the Pirates Will Always Win, or How I Learned to Love the RIAA/MPAA
First off, better let it be said that I won't be getting into the nitty gritty morals & ethics of distributing other peoples intellectual property for free. This blogpost instead will intend to take a brief, badly organised look at the history of file sharing, the current state of things, and then the unforeseeable future. A sort of sociological review of the internet's behaviour over the past ten or twenty years.
Piracy pretty much got underway as soon as people could 1) store media-related data digitally, and 2) connect with other people. So essentially, as soon as we had a large enough population with free time online and free space on their hard drives. Started with stuff like text files, 'cos that was all that the early systems had the bandwidth to store and distribute, but quickly moved on to music, games, video, etc. Nowadays, obviously, we'd be downloading a car if we could, but instead we have to stick to the intangible. (Roll on home 3-D printers.)
Obviously file sharing only became a problem when rights holders concluded that shared files meant lost revenue, so I'm gonna go out on a limb here and claim that the first major stage of piracy were those hazy days of P2P platforms. That's 'peer to peer'; software that served to allow you to connect your computer to either a centralised server, or to other examples of 'you', people who were sharing their libraries of copyright media with the world. Initially, Napster held the crown, and did so until they got the shit sued out of them by rights holders. They hosted files on their servers, so they were viewed as the digital equivalent of a greengrocer handing out his vegetables for free; its a business model which is hard to compete with, and so those who want to sell potatoes lose sales.
Obviously file sharing only became a problem when rights holders concluded that shared files meant lost revenue, so I'm gonna go out on a limb here and claim that the first major stage of piracy were those hazy days of P2P platforms. That's 'peer to peer'; software that served to allow you to connect your computer to either a centralised server, or to other examples of 'you', people who were sharing their libraries of copyright media with the world. Initially, Napster held the crown, and did so until they got the shit sued out of them by rights holders. They hosted files on their servers, so they were viewed as the digital equivalent of a greengrocer handing out his vegetables for free; its a business model which is hard to compete with, and so those who want to sell potatoes lose sales.
Cue the death of the first generation of file sharing. What came next? Distributed peer to peer networks, exciting!
That'd be Kazaa, Limewire, BearShare, Gnutella etc. For some, those names might invoke a fuzzy sense of nostalgia; of infecting the family computer with viruses, of terribly quality music rips, of mislabelled films. (Pretty sure the first time I saw Eurotrip was because my mate was trying to download Spiderman. In this case, I'm rather glad it was mislabelled.) Onto the changes which made this lawyer proof; (or more accurately, made serious dolla for lawyers) instead of you connecting to a server, upon which someone is hosting thousands and thousands of copyright files, the system now works by you becoming a filthy, blood sucking, anti capitalist commie bastard.
The program you're using connects other users of the same program in a giant socialist network, and indexes files 'n folders on your computer for other people to snoop through. When you search for, say, Avenged Sevenfold, it's searching other peoples computers for files named 'Avenged Sevenfold'. Say you have a worryingly impressive Robbie Williams collection, well guess what happens when someone out there searched 'Robbie Williams'. Okay, enough labouring the point.
What (mainly) killed this method?
- Malware writers realised just how easy it was to distribute their viruses this way. Set up a computer with thousands of mislabelled files, and you've got statistics and human stupidity on your side. This problem was made worse by the fact that there was no way for a downloader to comment on the quality of a file.
- It was you connecting with someone else; a one on one connection. Even with today's connection qualities, this really slowed the rate at which one could download files.
There was also ritual lawsuits, huge fines imposed upon filesharers designed to capture the interest of the media, and consequently scare people into stopping. This obviously didn't really work, but I believe a lot of rights holders were able to sue the shit out of quite a number of people, usually for money, occasionally imprisoning them. The platform was also a bit dodgy I recall; although you could specify which folders the program could broadcast the contents of, I wouldn't be surprised if various clients had holes which would allow nerdy types to snoop further than they were supposed to.
Predictably, piracy wasn't beaten. In fact, in this case, there was still no real worry about being singled out for punishment, it was simply that there suddenly existed a much better alternative.
It was developed by one Bram Cohen in 2001, and it was the BitTorrent protocol. I'll spare the techy details about its original intended purposes, (he didn't design it for piracy. honest.) but here's an attempt at a basic overview of how it was different from, say, Limewire, and how it solved the two problems I just pointed out with distributed P2P networks.
Instead of you connecting to one person, upon whose computer exists the file you're after, you connect to everyone in the network who has that file. Thus, you're downloading from twenty, thirty, four hundred, etc people at once. Result? Fast download speeds. Furthermore, you can only access the file you're after, you only ever share the file you've downloaded. Result? Damn near impossible to use a torrent client to snoop around other peoples computers.
So: the major difference is that these networks of pirates are generated according to what you're downloading. To download a torrent, a prospective file sharer has to have two things; a torrent client, and the torrent file itself. The client is a program which manages the network; it makes sure you do a little bit of uploading (with the data you have) and a lot of downloading (of the data you don't have). The torrent file itself functions a bit like a ... magic flag. It connects you to other people who're flying the flag, thus allowing you to download from them, and you to upload to them (or, once you've got your file, to upload to the next flag which pops up out of the ether).
My apologies if the last two paragraphs made very little sense, that was harder to explain than I thought.
Anyway, the advantage of you having to download a torrent file to get in on the party is that people can leave comments regarding the quality of the files that it points to. Thus, its easy for someone to point out that the file is in fact a virus, or that the sound is out, or that there's a watermark on the picture, etc etc. Result? Increased quality for pirates! Also, we may recall that piracy is generally illegal, and specifically pisses off some very rich and powerful organisations. With Limewire & co, anyone could connect; you just needed the P2P client. With torrents, you need the torrent file. Thus, guard your torrent files, and you control who gets in on the network. Consequently, a lot of file sharing communities are invite only, (waffles.fm, what.cd, demonoid.me etc) and a good number exist which are closed. If you're not in already, you're not getting in. Sucks for us plebeian pirates without the contacts, but hey, you can pretty much guarantee your safety to download whatever you please.
The disadvantages? As with shizzle like Limewire, file sharing done this way relies on people to upload as well as download. It's all very well maxing your connection speed downloading from 200 people at once, but this is only if there's 200 people 'seeding' the torrent. No seeds? No download. This also means that a torrent effectively 'dies' when the last person stops seeding. Also, on open networks, (think the Pirate Bay) its very easy for companies to take pirates to court. Lots and lots and lots of people have been taken to court for downloading via BitTorrent, into the hundreds of thousands at least. The numbers have increased massively in the past two or three years as rights holders have started subcontracting their dirty work to specialist companies.
(I will be getting onto 'why pirates will always win' soon enough, I promise.)
So finally, we come on to the final and most recent popular method of file sharing. Direct downloading. This is where a company allows users to hosts files, (for the non legit ones, say... megaupload, rapidshare, depositfiles, sharebee) and allows, in most cases, anyone to download them. You may be forgiven for thinking we've therefore gone in a full circle, that Napster had it right from the start, but there is one subtle difference, once again designed to make lawyers dolla, and to keep these file sharing companies from being prosecuted too often. This is that it is their users which upload the files, not the owners of the company. The company executives can therefore say, with a remarkably straight face, that they have no intention of letting their users share copyright files, and will of course delete any files which they find to contain someone else's intellectual property. Of course, most companies wait for the rights holders to get in touch before deleting them, and then what with admin 'n all, take a good week to remove the file, by which time it's been uploaded another thirty times.
Of course, as we know, although this keeps hosting companies on the right side of the law, this has never stopped rights holders (and often the US government/FBI) from doing what they can to remove file sharing companies from the internet and sue the shit out of their owners. Unfortunately, this rarely works 'cos:
- There's more than one file hosting company. As the top one gets taken down, others step up to take their place. Only reason Megaupload briefly became king was because Rapidshare had to start deleting all their piracy-related-files.
- They're not hosted in places with strict file sharing laws, and not in places with extradition treaties to the USA. Megaupload was hosted in New Zealand. Rapidshare in Switzerland. Hotfile in Panama. There's definite exceptions to this claim; Mediafire for example is hosted in Texas.
What with companies suing users of torrents, direct downloading is seen as relatively safe for the downloader. The problem comes when you own the company, or when you are uploading buttloads of copyright files. Why then do these companies exist, and why do individuals upload so much of other peoples intellectual property? Simply because it's a working business model. Hosting companies can charge a relatively low fee to allow users to
download ridiculous amounts of data, and fill their sites with adverts
for the free users. Piracy therefore got pushed into a corner which generated a lot of advertising & subscription revenue for the company owners. Woops.
Case in point for this would be the rather amusing saga of Kim Dotcom, (yes, he changed his name) owner* of megaupload and related file hosting & streaming websites. After the FBI realised that forcing a company to remove all of its copyright content just means that they get more money as people re-upload the content, (rapidshare) they went for the nuclear option, which is to seize the domain name and bring criminal charges against him. Unfortunately, Kim made quite a lot of money, quite a lot of which is now going to a team of extremely cunning lawyers. The current situation is that the FBI is demanding that New Zealand extradite Dotcom to the US. New Zealand isn't taking too kindly to this, especially seen as though the FBI are refusing to let Dotcom's lawyers see the evidence against him. In all likelihood, the FBI used some dodgy and rather illegal wire-tapping methods to gather evidence. The stalemate is therefore that Dotcom's lawyers can legitimately complain if they're not allowed to see the evidence against him, and will be able to challenge the admissibility of the evidence in court if they do.
Megaupload is still down and out, but the net result is that other file hosting companies aren't quaking in their booties, as this case is proving that there's always a loophole to wriggle through.
* Apparently Dotcom doesn't actually own Megaupload 'n related, his wife does. Who is officially a citizen of somewhere else. Which stops her from being culpable. Blah blah. More lawyer cunningness I suspect.
If our short historical overview has taught us one thing, it must be that technologies move faster than the law ever can. It should also tell us that a good number of people will always be willing to take a (historically and currently) extremely small risk to get something for next-to-nothing. To top it all off, it should also tell us that many nerds strangely enjoy playing the rebel, and thinking of new and clever ways to playfully screw with the system.
We're currently at the situation where piracy is mostly shared between BitTorrent traffic and direct downloading. If, for example, the whole world agreed on making downloading torrents illegal, I predict that within a month, someone would rewrite the protocol so it wasn't technically a torrent any more. It just worked the same. Think magnet links, the current preferred successor to torrent files; they function the same, and without having to download a new client, but they're just different enough for laws to be unable to deal with them without another lawyer saying the legal equivalent of 'ah yes, but...'
With direct downloading, as we've seen by current developments, it's a bit of a hydra and generates enough revenue for the owners of websites to protect themselves in a court of law. The RIAA & MPAA (Recording Industry Association of America and Motion Picture Association of America; i.e. the rights holders who've joined together to take on the pirates.) must, to be honest, be kicking themselves by this point; the last thing they wanted was people beginning to claw their way toward being as rich & consequently powerful as they are.
I therefore can feel pretty safe in claiming that piracy will never die. Even if bills like SOPA or ACTA get eventually pushed through, even if ISPs are forced to start monitoring every byte of traffic between individuals, there will always be a way for those who wish to pirate. I suppose the job of the rights holders is though simply just to ensure that piracy doesn't become the accepted standard for music, literature, film & TV acquisition, and to keep the mainstream population out of websites like the pirate bay; do that and they'll always get their millions, and they'll always stay on top.
As I said at the start, I've tried to stay out of the moral & ethical arguments surrounding the sharing of other peoples intellectual property: that will potentially be the subject of a later blogpost, as it really deserves its own forum. I'd also like to apologise for the total mish mash-ness of this post, this was written on the fly and I'm sure I've missed out a lot, come across as hugely biased (I am) and generally explained things badly. I'll try to edit it into something slightly more cohesive, and possibly provide diagrams to help explain just wtf I'm on about at various points.













